Ansons Solicitors helped the residents of the Kenley, near Shrewsbury, to safeguard their local environment from a wind turbine development at a successful High Court planning appeal in December 2012.
The High Court judge, Mr Justice Parker, quashed the planning permission for the erection of a 15kw wind turbine on an 18m high monopole mast at Kenley, Shrewsbury.
The residents were represented by Richard Kimblin of Counsel, instructed by Ansons planning expert, David Anderton acting under a conditional fee agreement.
Proposals were originally turned down by Shropshire County Council, but a planning inspector later granted planning permission having concluded that the development “would cause harm to the character and quality of the landscape and the outlook of neighbouring residents” but found that the development was in compliance with policies including the local plan Policy CS8. This policy positively encouraged infrastructure, “where this has no significant adverse impact on recognised environmental assets, that mitigates and adapts to climate change, including decentralised, low carbon and renewable energy generation…”
The Judge, Mr Justice Kenneth Parker, ruled that “on the footing that the Inspector had found just such significant adverse impact, he could not rationally have concluded that Policy CS8 supported the development.”
The matter will now be re-determined by another planning inspector.
For expert advice on all aspects of planning law including planning permission, enforcement notices and planning appeals procedure contact David Anderton at Ansons Solicitors, Lichfield on 01543 263456 or email firstname.lastname@example.org.